The Government of India on March 13, 2026, introduced the Anti-Racism and Equality Bill, 2026 to provide for measures to address the pervasive issues of racial discrimination and racial harassment in the country, to uphold the constitutional guarantees of equality enshrined in the Constitution and for matters connected therewith or incidental thereto.
The Anti-Racism and Equality Act, 2026 establishes a comprehensive legal framework to prohibit racial discrimination and harassment in all forms. It defines key terms such as race, racial discrimination, and racial harassment broadly to include caste, ethnicity, language, and cultural identity. The Act makes it unlawful for any individual or establishment to engage in or promote such conduct, prescribing penalties including imprisonment, fines, and enhanced punishment in cases involving serious harm. Offences under the Act are cognizable and non-bailable, with investigations handled by senior police officers.
The Act also fixes liability on establishments, holding both the organization and responsible officials accountable for violations unless due diligence is proven. Public servants who fail to perform their duties under the Act face punishment, and repeat offenders are subject to stricter penalties. Importantly, it lays down strong protections for victims and witnesses, including rights to dignity, protection from intimidation, access to legal and medical support, privacy, and active participation in proceedings.
To ensure speedy justice, the Act provides for the establishment of Special Courts and appointment of Special Public Prosecutors with relevant expertise. Trials are to be completed within a stipulated timeframe, and courts may presume racial intent unless proven otherwise by the accused. The law also mandates victim-centric procedures such as language assistance, free medical care, mental health support, safe custody, and sensitive investigation practices that account for social vulnerabilities and power imbalances.
Finally, the Act emphasizes effective implementation through police training, public awareness, monitoring, and data collection. Governments are required to provide funding, develop institutional mechanisms, and ensure accountability for enforcement. It also grants rule-making powers to the Central Government, protects actions taken in good faith, and clarifies that the Act supplements existing laws while prevailing in case of inconsistency, thereby ensuring a robust and enforceable anti-discrimination regime.
[Bill No. XXXI of 2026]
